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Do California Gun Laws "Travel with you?"

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  • JohnnyAppleseed
    Junior Member
    • Jan 2008
    • 46

    Do California Gun Laws "Travel with you?"

    My girlfriend from California has a misdemeanor assault on her record for pushing somebody. This prevents her from owning, being around guns for the next 10 years. My understanding is that this is a California law only.

    My parents live in Arizona and my dad owns a bunch of guns and we wanted to do some shooting. Would her California gun restriction carry over into Arizona even though Arizona has no such restriction?

    Thanks
    Johnny
  • #2
    SanPedroShooter
    Calguns Addict
    • Jan 2010
    • 9732

    I dont like answering these question unless I am sure of the answer, but I recall that state level prohibitions only apply in that state.

    I cant find it in the wiki, but it has been discussed before.

    Comment

    • #3
      SanPedroShooter
      Calguns Addict
      • Jan 2010
      • 9732

      I found this post from Bwiese back in 2011

      3.) The CA 10yr prohibition is for CA only and is separate from other matters. If you are legal to own guns in AZ and are in AZ the CA prohibition does not apply there.


      Comment

      • #4
        donw
        Senior Member
        • Apr 2010
        • 1754

        beware...remember the controversy of the ca dfg head who was hounded by the legislature for hunting mt lion LEGALLY out of state.

        they might try to 'influence' AZ in some way...
        NRA life member, US Army Veteran

        i am a legend in my own mind...

        we are told not to judge muslims by what a few do...yet, the NRA membership and firearms owners are ALL considered as radical...

        "The second amendment ain't about your deer rifle..."

        Comment

        • #5
          gun toting monkeyboy
          Calguns Addict
          • Aug 2008
          • 6820

          Originally posted by donw

          they might try to 'influence' AZ in some way...
          I wish them luck with that. It would be funny to watch. I somehow don't think Jan Brewer is going to be intimidated by Jerry Brown.

          -Mb
          Originally posted by aplinker
          It's OK not to post when you have no clue what you're talking about.

          Comment

          • #6
            winnre
            Calguns Addict
            • Apr 2010
            • 9214

            I guess if she moves to AZ, buys guns, then wants to move back to CA in 5 years she will have issues.
            "If Jesus had a gun he would be alive today"-Homer Simpson

            Comment

            • #7
              Untamed1972
              I need a LIFE!!
              • Mar 2009
              • 17579

              Originally posted by donw
              beware...remember the controversy of the ca dfg head who was hounded by the legislature for hunting mt lion LEGALLY out of state.

              they might try to 'influence' AZ in some way...
              That was purely about politics not the law. He broke no laws so they could not do anything to him legally......they just used it as an excuse for a political assasination.

              As long as the OPs GF isn't a politcal figure she prolly wont attract that kind of attention.
              "Freedom begins with an act of defiance"

              Quote for the day:
              "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

              Comment

              • #8
                todd2968
                Senior Member
                • Mar 2010
                • 1674

                I would say only if it was domestic abuse. I would see if there is a firearms check w/o purchase
                NRA LIFE MEMBER
                VFW LIFEMEMBER

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                • #9
                  pMcW
                  Senior Member
                  • Dec 2008
                  • 553

                  Originally posted by SanPedroShooter
                  I found this post from Bwiese back in 2011

                  3.) The CA 10yr prohibition is for CA only and is separate from other matters. If you are legal to own guns in AZ and are in AZ the CA prohibition does not apply there.

                  http://www.calguns.net/calgunforum/s...d.php?t=477972
                  What does it mean to be legal to "own" guns in AZ? It's a little bit of a catch-22 isn't it?

                  She is prohibited from owning them in CA, where she lives. Federal law would seem to prohibit her from buying them in other states because of that law that says that out-of-state purchases must be legal under the laws of both states.

                  So, if she cannot own them in CA, where she lives, and she cannot buy them in another state, how can she get to the situation where she legally owns a gun? If she cannot get to ownership legally, is it true that she can legally own a gun? (maybe ownership can be legal even if there is no way to accomplish it? purchase/transfer... )

                  The person in the other thread had moved to Arizona. So, his purchase would not be out of his home state, and CA law has nothing to say about it.

                  Interesting...
                  pMcW

                  Comment

                  • #10
                    desertexplore
                    Banned
                    • Jan 2013
                    • 4221

                    A good excuse to move out of California?

                    Comment

                    • #11
                      bwiese
                      I need a LIFE!!
                      • Oct 2005
                      • 27621

                      Originally posted by pMcW
                      What does it mean to be legal to "own" guns in AZ? It's a little bit of a catch-22 isn't it?
                      What if she already legally owned guns in AZ from whatever past history she had there (residency, had some or all of her CA guns stored there, etc.)?

                      Then she could possess those guns there as long as AZ didn't hold her particular CA (misdemeanor) violation against in AZ (which I don't think they do - and it's not a 5150 etc).

                      Also, she may have moved her CA guns outside CA rapidly. Whatever crime that involved a court order to surrender guns means guns in CA. Noted gun lawyer Don Kilmer has already dealt with this situation a couple of times in CA courts and the CA judge just sputtered because he couldn't force return of guns stored outta state.

                      She is prohibited from owning them in CA, where she lives. Federal law would seem to prohibit her from buying them in other states because of that law that says that out-of-state purchases must be legal under the laws of both states.
                      Yup.

                      So, if she cannot own them in CA, where she lives, and she cannot buy them in another state, how can she get to the situation where she legally owns a gun? If she cannot get to ownership legally, is it true that she can legally own a gun? (maybe ownership can be legal even if there is no way to accomplish it? purchase/transfer... )
                      Aside from instances of her own guns being in AZ - either because they were her CA guns shipped/stored there, or because she bought gun(s) in AZ during a possible prior residency, or because she had legitimate dual residency...

                      If she is not prohibited in AZ due to any law that would consider a CA violation, and is still a CA resident, she can:

                      - at least TOUCH and USE a gun owned by someone else (going to range, hunting, etc.) I am unclear on 'borrowing'.

                      - receive a gun thru inheritance/bequest/probate; CA law exempts this from FFL intermediation, and Fed law
                      doesn't require FFL in this instance. A firearm acquired this way can be acquired by someone not in his
                      home state, as long as it is legal in the recipient state. This is how a CA resident can in fact inherit an
                      AW (as long as it stays outside CA) - no FFL needed, therefore CA residency not a blocking item.
                      Last edited by bwiese; 03-01-2013, 5:27 PM.

                      Bill Wiese
                      San Jose, CA

                      CGF Board Member / NRA Benefactor Life Member / CRPA life member
                      sigpic
                      No postings of mine here, unless otherwise specifically noted, are
                      to be construed as formal or informal positions of the Calguns.Net
                      ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                      employer. No posts of mine on Calguns are to be construed as
                      legal advice, which can only be given by a lawyer.

                      Comment

                      • #12
                        pMcW
                        Senior Member
                        • Dec 2008
                        • 553

                        Originally posted by bwiese
                        What if she already legally owned guns in AZ from whatever past history she had there (residency, had some or all of her CA guns stored there, etc.)?

                        Then she could possess those guns there...
                        Ah, of course! The possibility that she might have hypothetically already owned guns that were stored out of state never occurred to me. Which is pretty silly of me, considering that I actually own a firearm that is stored outside of California...

                        Never mind!
                        pMcW

                        Comment

                        • #13
                          diverwcw
                          Veteran Member
                          • Dec 2012
                          • 2693

                          It wouldn't surprise me to see the politburo of the PRC enact some sort of legislation to prohibit California residents under those restrictions from shooting firearms if they are out of state. Much the same as donw's posting about the former head of DFG who participated in a legal mountain lion hunt in Idaho.
                          sigpic

                          Former Front Sight Commander Member
                          NRA Benefactor Life Member www.nra.org
                          CRPA Life Member www.crpa.org
                          NRA Instructor: Pistol, Personal Protection in the Home, Range Safety Officer

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